"If we have to take up all PILs, then why did we elect government?" Supreme Court

The Supreme Court on Thursday expressed its reservations regarding entertaining public interest litigation (PIL) petitions on matters concerning governance. .A Bench headed by Chief Justice of India (CJI) NV Ramana said that the elected government is the appropriate authority to examine many such issues.The remarks by the Court came after Advocate Ashwini Kumar Upadhyay mentioned a case to detect, detain and deport illegal Rohingya and Bangladeshi infiltrators from West Bengal within one year."Crores of jobs are being taken (away by illegal migrants) and right to livelihood is hampered," Upadhyay said. "These are political issues. Please take it up with the government. If we have to take up all your PILs, then why did we elect the government? There are houses like Rajya Sabha and Lok Sabha," the CJI remarked..Solicitor General Tushar Mehta said that he is not aware of the case. "If you have a counter-affidavit ready, then we can list the case," the CJI said..The petitioner, a West Bengal resident, prayed for a direction to the Central government and the states to identify and invoke the National Security Act against government employees, police personnel and security forces who help Rohingyas and Bangladeshis to infiltrate into West Bengal.The petition filed through Upadhyay and Advocate Ashwani Kumar Dubey also prayed that disproportionate assets of such employees should be confiscated."Identify and invoke NSA against government employees, travel agents and other such people, who provides PAN, AADHAAR, Passport, Ration Card, Voter Card, Driving License to Rohingya and Bangladeshi infiltrators; and confiscate their 100% disproportionate assets," the petition said.As per the petitioner, the cause of action for the plea arose on on May 2, 2021, when the West Bengal assembly election results were declared and "Rohingya-Bangladeshi infiltrators started beating, killing, heckling, looting, kidnapping, raping, burning the Houses of Hindus who voted to BJP."The plea stated that the influx of infiltrators poses a serious threat to the unity, integrity and security of country."Total 5 crore infiltrators by taking advantage of their ethnic similarities and other connections with the people of India (are) illegally residing in India unlawfully," the petition said.

"If we have to take up all PILs, then why did we elect government?" Supreme Court

Debayan Roy

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